As many employers prepare to open their office doors after closing them for almost a year and half, many business executives and human resources managers are brainstorming ways on how to create a safe workplace for their employees in light of the COVID-19 pandemic. Many leaders are contemplating initiating incentive programs to encourage their workers to get vaccinated and decrease the spread of COVID-19 in the workplace.
Before employers start instituting incentives, they should determine if there are any legal issues that they should consider. Under the American with Disabilities Act (ADA), it is illegal for most employers to discriminate against individuals who have disabilities. Generally, it is unlawful for business owners to require medical examinations or make inquires as to whether a person has a disability or the nature of the disability, unless it is job related or based on a business necessity. According to the United States Equal Employment Opportunity Commission (EEOC), an employer may offer its employees incentives to voluntarily show evidence that they’ve received the COVID-19 vaccination because requesting proof of a vaccination is not a disability related inquiry.
Employers may also want to consider Title II of the Genetic Information Nondiscrimination Act (GINA), which shields employees from discrimination based on genetic information. Genetic information consists of data, evidence or facts about a person’s genetic tests or family medical history. According to the EEOC, an employer does not run afoul of GINA by asking an employee for confirmation of the COVID-19 vaccination because it is not acquiring genetic or family medical history information.
After employers consider all the legal implications of incentives, they should look at the workplace’s culture. They should assess the company’s values and principles in selecting the type of incentive that will encourage their employees to get the COVID-19 vaccination. For example, if the culture of a workplace celebrates a work life balance, a good way for a business owner to motivate his workers to get the two shots would be for him to give a day off. If an employer knows that its employees value extra money on their paychecks, then he should give bonuses to individuals who get vaccinated.
Although many employers are pushing to get their employees back into the workplace, they want to ensure that their facilities are safe. Many business owners are contemplating implementing incentive programs to encourage their workers to get the COVID-19 vaccination. Employers should consider the legal implications and the company’s culture when instituting incentives.
